BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 823 (Block) - Criminal procedure: human trafficking
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|Version: March 31, 2016 |Policy Vote: PUB. S. 5 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 27, 2016 |Consultant: Jolie Onodera |
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Bill
Summary: SB 823 would allow a defendant arrested, adjudicated,
or convicted of any non-violent offense committed while he or
she was a victim of human trafficking to petition the court for
relief, including dismissal of the conviction or adjudication
and the sealing of the related arrest and court records, as
specified. This bill would require the court to notify the
Department of Justice (DOJ) of such orders.
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal
Impact:
New petitions for relief : Potential major ongoing increase in
court workload (General Fund*) for new filings for relief due
to 1) the expanded population of individuals eligible to file
to include those arrested or adjudicated, 2) the extension of
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relief for any non-violent offense, and 3) revising the
standard under which individuals may petition. Over 740,000
misdemeanor dispositions occur annually. To the extent even
one percent or 7,400 new petitions are filed as a result of
this measure would result in increased court costs of $1.5
million, assuming 15 minutes of court time per petition. For
context, for the non-violent offense of misdemeanor
prostitution alone, over 10,000 arrests are made each year.
While the number of individuals ultimately eligible for relief
may be limited, more individuals may file petitions for court
review than are eligible.
Petitioner options to appear : Potentially significant costs
(General Fund*) to individual courts to the extent petitioners
allowed to appear via telephone, video or other electronic
means causes scheduling delays and/or operational costs. A
court may have various means established to conduct hearings
but may not necessarily be implementing them or utilizing them
on a full-time basis.
Sealing/destruction of records : Potentially significant
state-reimbursable local law enforcement agency costs (General
Fund) to seal and destroy arrest records of petitioners. The
CHP has indicated minor and absorbable costs (Special Fund**).
DOJ : Minor ongoing costs (General Fund) to receive court
notifications of relief granted. Potential costs (General
Fund) to seal and destroy records as ordered by the court.
*Trial Court Trust Fund
**Motor Vehicle Account
Author
Amendments: Strike contents of the bill amending Penal Code §
1203.49 and instead add a new section, Penal Code § 236.13,
under the human trafficking statutes that would authorize
victims of human trafficking to petition for relief, and for the
court to vacate the conviction or adjudication, as specified.
Additionally adds a requirement for the court to order law
enforcement agencies and the Department of Justice to seal and
destroy records, as specified.
Committee
Amendments: Additionally provide that in addition to the
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requirement to seal and destroy records three years from the
date of the arrest, to allow for these activities within one
year from the date of the court order, whichever is later.
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